Magistrates’ Courts Act 1980

72 Report by probation officer on means of parties. E+W

(1) Where in any [F1 domestic proceedings][F1 family proceedings]in which an order may be made for the payment of money by any person, or in any proceedings for the enforcement or variation of any such order, a magistrates’ court has requested a probation officer to investigate the means of the parties to the proceedings, the court may direct the probation officer to report the result of his investigation to the court in accordance with the provisions of this section; but in the case of any such [F1 domestic proceedings][F1 family proceedings]no direction to report to the court shall be given to a probation officer under this subsection until the court has determined all issues arising in the proceedings other than the amount to be directed to be paid by such an order.

(2) Where the court directs a probation officer under this section to report to the court the result of any such investigation as aforesaid, the court may require him—

(a) to furnish to the court a statement in writing about his investigation; or

(b) to make an oral statement to the court about his investigation.

(3) Where the court requires a probation officer to furnish a statement in writing under subsection (2) above—

(a) a copy of the statement shall be given to each party to the proceedings or to his [F2 legal representative]at the hearing; and

(b) the court may, if it thinks fit, require that the statement, or such part of the statement as the court may specify, shall be read aloud at the hearing.

(4) The court may and, if requested to do so at the hearing by a party to the proceedings or his [F2 legal representative]shall, require the probation officer to give evidence about his investigation, and if the officer gives such evidence, any party to the proceedings may give or call evidence with respect to any matter referred to either in the statement or in the evidence given by the officer.

(5) Any statement made by a probation officer in a statement furnished or made by him under subsection (2) above, or any evidence which he is required to give under subsection (4) above, may be received by the court as evidence, notwithstanding anything to the contrary in any enactment or rule of law relating to the admissibility of evidence.

Textual Amendments

F1 Words “family proceedings" substituted (prosp.) for “domestic proceedings" by Children Act 1989 (c. 41, SIF 20), ss. 92, 108(2)(6), Sch. 11 Pt. II para. 8(c), Sch. 14 para. 1(1)

F2 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37, 82), s. 125(3), Sch. 18 para. 25(4)(b)